Assigned on Briefs August 1, 2017
from the Circuit Court for Madison County No. 16-111 Donald
H. Allen, Judge
Madison County jury convicted the Defendant, Maka Fuller,
Jr., of aggravated robbery. After a sentencing hearing, the
trial court sentenced him to eleven years in prison. On
appeal, the Defendant contends that the evidence is
insufficient to support his conviction because he did not use
a weapon to accomplish the robbery. Finding that there is
sufficient evidence to support the Defendant's conviction
for aggravated robbery, we affirm the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Morton Googe, District Public Defender; and Gregory D.
Gookin, Assistant Public Defender, Jackson, Tennessee, for
the appellant, Maka Fuller, Jr.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Senior Counsel; Jerry Woodall, District Attorney
General; and Shaun A. Brown, Assistant District Attorney
General, for the appellee, State of Tennessee.
W. Wedemeyer, J., delivered the opinion of the court, in
which James Curwood Witt, Jr., and Timothy L. Easter, JJ.,
W. WEDEMEYER, JUDGE.
case arises from a robbery at an automatic teller machine
(ATM) in Madison County, Tennessee. For his role in this
offense, a grand jury indicted the Defendant for aggravated
robbery. At a trial on the charge, the parties presented the
following evidence: Zellier Price, the victim, testified that
on October 18, 2015, she was at the Regions Bank "a
little bit after 6:00 [p.m.]." The victim was at the
drive-thru ATM making multiple withdrawals. She conducted the
transactions through her car window while remaining seated in
the driver's seat of her car. As she finished her final
transaction, the Defendant approached her car and said he was
going to rob her. She had earlier noticed the Defendant
walking on the sidewalk nearby and was surprised to see him
standing by her car window. She recalled the Defendant's
mouth was covered, and his right hand was "wrapped up
like it was a gun." The victim testified that she
believed the Defendant was holding a gun and that she was
afraid she would be killed.
victim testified that the money she had retrieved from the
ATM was lying in her lap. The Defendant repeated his intent
to rob her and then reached inside the car with his left hand
and took the $80.00 that was on the victim's lap. The
victim said that, as this occurred, she pressed the
accelerator and "crushed [the front bumper of her]
car." The victim drove across the street and asked if
anyone had witnessed the robbery, but no one had. She
notified the police of the robbery and provided a description
of the robber.
victim testified that she was not physically hurt during the
robbery but was "shaken up really bad." Once she
returned home, she contacted a friend whose nephew worked at
the bank. Through him, she learned that the bank had cameras
on their ATM. The victim viewed the surveillance footage of
the robbery and confirmed that it was an accurate depiction
of her interaction with the Defendant.
surveillance footage depicts the victim conducting
transactions at the ATM. The Defendant appears from rear of
the vehicle with a white cloth wrapped around his right hand.
He sticks the wrapped hand in the car at the victim while
covering his face with a shirt with his left hand. The
Defendant then reaches in the car with his left hand and
appears to grab something and exits toward the rear of the
car as the car lurches forward.
cross-examination, the victim agreed that she told a police
officer that the Defendant had something in his hand that he
was pointing at her, but she was "not sure" if it
was a weapon. She confirmed that she could not tell what the
Defendant held in his hand but that it looked like a gun. She
agreed that she never saw a gun but that the Defendant was
pointing whatever he had in his right hand "acting like
it was a gun." On redirect ...